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US jail concern for drug accused US jail concern for drug accused
(1 day later)
Lawyers acting for a man fighting extradition over claims he supplied drug dealers in the US have expressed fears about jail conditions there.Lawyers acting for a man fighting extradition over claims he supplied drug dealers in the US have expressed fears about jail conditions there.
Brian Howes' legal team fear he could be sent to Maricopa County Jail in Arizona where they said prisoners were routinely "degraded". Brian Howes's legal team fear he could be sent to Maricopa County Jail in Arizona where they said prisoners were routinely "degraded".
Mr Howes, 45, from Bo'ness, is accused of supplying chemicals to crystal meth dealers in the state.Mr Howes, 45, from Bo'ness, is accused of supplying chemicals to crystal meth dealers in the state.
He is appealing against a decision to send him to America to stand trial.He is appealing against a decision to send him to America to stand trial.
The father-of-five was arrested by Central Scotland Police in 2007 amid claims he supplied more than 40 chemicals to dealers via his online company Lab Chemicals International.The father-of-five was arrested by Central Scotland Police in 2007 amid claims he supplied more than 40 chemicals to dealers via his online company Lab Chemicals International.
US authorities want to charge him and his wife Kerry Ann Howes over the matter.US authorities want to charge him and his wife Kerry Ann Howes over the matter.
Both have always denied any knowledge of how the chemicals they were selling were being used.Both have always denied any knowledge of how the chemicals they were selling were being used.
The deliberate humiliation of prisoners is part of the philosophy of Sheriff Arpaio Mungo Bovey QCDefence agentThe deliberate humiliation of prisoners is part of the philosophy of Sheriff Arpaio Mungo Bovey QCDefence agent
Defence counsel Mungo Bovey told the Court of Appeal in Edinburgh that if Mr Howes was sent to the prison, currently under the rule of Joe Arpaio who has been branded "America's Toughest Sheriff", his human rights would be breached. Defence counsel Mungo Bovey told the Court of Appeal in Edinburgh that if Mr Howes were sent to the prison, currently under the rule of Joe Arpaio who has been branded "America's toughest sheriff", his human rights would be breached.
Mr Bovey, QC, said conditions inside Maricopa jail included intense heat, unsanitary conditions, lack of exercise, lack of medication and insufficient toilet access. Mr Bovey QC, said conditions inside Maricopa jail included intense heat, unsanitary conditions, lack of exercise, lack of medication and insufficient toilet access.
He added that the jail's health standards certificate had been withdrawn.He added that the jail's health standards certificate had been withdrawn.
The QC said Sheriff Arpaio was well-known for boasting that he spends just 15 cents on inmates meals and that thousands of prisoners are currently on hunger strike there. The QC said Sheriff Arpaio was well known for boasting that he spends just 15 cents on inmates' meals and that thousands of prisoners were currently on hunger strike there.
He also told the court that prisoners in chain gangs were forced to wear pink underwear and were linked together with pink handcuffs.He also told the court that prisoners in chain gangs were forced to wear pink underwear and were linked together with pink handcuffs.
Prima faciePrima facie
"The deliberate humiliation of prisoners is part of the philosophy of Sheriff Arpaio," said Mr Bovey."The deliberate humiliation of prisoners is part of the philosophy of Sheriff Arpaio," said Mr Bovey.
"There is significant unrest and trouble in this jail as we speak," he added."There is significant unrest and trouble in this jail as we speak," he added.
Advocate depute Graeme Hawkes said the Crown had asked America for assurances that Mr Howes would not be held in Maricopa County Jail, but said they had not yet had a response.Advocate depute Graeme Hawkes said the Crown had asked America for assurances that Mr Howes would not be held in Maricopa County Jail, but said they had not yet had a response.
The charges against the Howes allege they used their internet company to supply red phosphorous and iodine to 400 customers in the US, most of whom were producing methamphetamine, also known as crystal meth. The charges against the Howeses allege they used their internet company to supply red phosphorus and iodine to 400 customers in the US, most of whom were producing methamphetamine, also known as crystal meth.
Red phosphorous and iodine are legal in Britain, but regulated in the US. Red phosphorus and iodine are legal in Britain, but regulated in the US.
Mr Howes claims he ran a legitimate business supplying firework chemicals for amateur pyrotechnics and some medical chemicals.Mr Howes claims he ran a legitimate business supplying firework chemicals for amateur pyrotechnics and some medical chemicals.
However, US officials claim the evidence against the couple includes incriminating e-mails, false or misleading packaging, and the evidence of undercover agents who posed as customers, and supplied enough chemicals to make 635kg of crystal meth.However, US officials claim the evidence against the couple includes incriminating e-mails, false or misleading packaging, and the evidence of undercover agents who posed as customers, and supplied enough chemicals to make 635kg of crystal meth.
The case falls under the controversial 2003 Extradition Act which allows the extradition of people to the US without any trial taking place in the UK, thus removing the need for US authorities to provide prima facie evidence of criminality.The case falls under the controversial 2003 Extradition Act which allows the extradition of people to the US without any trial taking place in the UK, thus removing the need for US authorities to provide prima facie evidence of criminality.
The hearing before Lord Osborne, sitting with Lord Reed and Lord Mackay in Edinburgh, continues.The hearing before Lord Osborne, sitting with Lord Reed and Lord Mackay in Edinburgh, continues.